Florida Statutes Part V - Adjudication Of Incapacity And Appointment Of Guardians (Ss. 744.3201-744.359)

• 744.3201 - Petition To Determine Incapacity.
  (1) A petition to determine incapacity of a person may be executed by an adult person.(2) The petition must be verified and must:(a) State the name, age, and...
• 744.3203 - Suspension Of Power Of Attorney Before Incapacity Determination.
  (1) At any time during proceedings to determine incapacity but before the entry of an order determining incapacity, the authority granted under an alleged incapacitated person’s...
• 744.3215 - Rights Of Persons Determined Incapacitated.
  (1) A person who has been determined to be incapacitated retains the right:(a) To have an annual review of the guardianship report and plan.(b) To have continuing review...
• 744.331 - Procedures To Determine Incapacity.
  (1) NOTICE OF PETITION TO DETERMINE INCAPACITY.—Notice of the filing of a petition to determine incapacity and a petition for the appointment of a guardian if...
• 744.334 - Petition For Appointment Of Guardian Or Professional Guardian; Contents.
  (1) Every petition for the appointment of a guardian shall be verified by the petitioner and shall contain statements, to the best of petitioner’s knowledge and...
• 744.3371 - Notice Of Petition For Appointment Of Guardian And Hearing.
  (1) When the petition for appointment of a guardian for an incapacitated person is heard upon the conclusion of the hearing in which the person is...
• 744.341 - Voluntary Guardianship.
  (1) Without adjudication of incapacity, the court shall appoint a guardian of the property of a resident or nonresident person who, though mentally competent, is incapable...
• 744.342 - Minors; Guardianship.
  Upon petition, the court may appoint a guardian for a minor without appointing an examining committee or conducting an adjudicatory hearing pursuant to s. 744.331.History.—s....
• 744.344 - Order Of Appointment.
  (1) The court may hear testimony on the question of who is entitled to preference in the appointment of a guardian. Any interested person may intervene...
• 744.345 - Letters Of Guardianship.
  Letters of guardianship shall be issued to the guardian and shall specify whether the guardianship pertains to the person, or the property, or both, of...
• 744.347 - Oath Of Guardian.
  Before exercising his or her authority as guardian, every guardian shall take an oath that he or she will faithfully perform his or her duties...
• 744.351 - Bond Of Guardian.
  (1) Before exercising his or her authority as guardian, every person appointed a guardian of the property of a ward in this state shall file a...
• 744.354 - Validity Of Bond.
  No bond executed by any guardian shall be invalid because of an informality in it or because of an informality or illegality in the appointment...
• 744.357 - Liability Of Surety.
  No surety for a guardian shall be charged beyond the property of the ward.History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 43, ch....
• 744.358 - Liability Of A Guardian.
  (1) A guardian is not liable, solely because of the guardianship, for the debts, contracts, or torts of her or his ward.(2) In dealing with the ward’s...
• 744.359 - Abuse, Neglect, Or Exploitation By A Guardian.
  (1) A guardian may not abuse, neglect, or exploit a ward.(2) A guardian has committed exploitation when the guardian:(a) Commits fraud in obtaining appointment as a guardian;(b) Abuses his...

Last modified: September 23, 2016